In this article, we will explore in detail the process of criminal record cancellation in Spain. This procedure is essential for individuals who wish to clear their judicial history and start anew without the burdens of the past. We will outline the requirements, timelines, and procedures necessary for this cancellation, with a special focus on cases involving foreigners visiting or residing in Spain.
What is Criminal Record Cancellation?
Criminal record cancellation allows individuals convicted by a final judgment, who have fulfilled their penal responsibilities, to remove these records from the Central Register of Convicts. This process is crucial to ensure that the individual is not perpetually marked by past mistakes, provided they have met the deadlines established by law.
Requirements for Criminal Record Cancellation
To apply for criminal record cancellation, certain requirements stipulated in Article 136 of the Penal Code must be met:
- No new offenses during the following periods:
- Six months for minor penalties.
- Two years for penalties not exceeding twelve months and those imposed for reckless offenses.
- Three years for other less serious penalties under three years.
- Five years for other less serious penalties of three years or more.
- Ten years for serious penalties.
- Cancellation of security measures:
- These are canceled once the respective measure is fulfilled or has prescribed.
Who Can Apply for Criminal Record Cancellation?
Anyone who has been convicted and meets the legal requirements can apply for cancellation. The applicant’s identity must be adequately verified since criminal records are not public.
- Spanish or EU nationals:
- Valid D.N.I. or certified photocopy.
- Valid community card or passport.
- Driver’s license with photo and signature.
- Non-EU foreign nationals:
- Valid residence card (NIE) or passport.
- Driver’s license with photo and signature issued by the country of origin.
Accreditation of Representation
If the applicant acts through a representative, the representative’s identity and representation must be verified through a notarial power of attorney, personal declaration of the applicant, or any legally sufficient means. Acting through a representative does not exempt the applicant from the need to verify their identity.
Procedure for Criminal Record Cancellation
The procedure can be carried out through the online platform of the Ministry of Justice or via legal representation. It is crucial to follow the specific steps and present the appropriate documentation to ensure the success of the process.
Success Case: Criminal Record Cancellation for a Foreign Client
In a recent success case, a foreign client visiting Spain sought our help to cancel his criminal record for a previous offense. Thanks to our experience and knowledge of the process, we managed to cancel his record through the Ministry of Justice’s platform, using our digital certificate as representatives.
Conclusion
Criminal record cancellation is a process that requires attention to detail and strict compliance with legal deadlines and requirements. With the help of legal experts, this procedure can be carried out efficiently and effectively, allowing individuals to start anew without the weight of their past records.
At Legal Boutique, we are here to help you understand and manage all legal aspects related to the cancellation of criminal records.
Frequently Asked Questions (FAQs)
How long does it take to cancel criminal records?
The time varies depending on the type of penalty and the deadlines established by law.
What happens if I do not meet the deadlines for cancellation?
If you do not meet the deadlines, you will not be able to apply for the cancellation of your criminal records until you do.
Is the criminal record cancellation process confidential?
Yes, information related to criminal records is not public and is handled confidentially.
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